CZ:Proposals/Non-comprehensive fair use policy

This proposal has not yet been assigned to any decisionmaking group or decisionmaker(s).
The Proposals Manager will do so soon if and when the proposal or issue is "well formed" (including having a driver).
For now, the proposal record can be found in the new proposals queue.

Driver: Stephen Ewen

Complete explanation

This is a proposal to allow six categories of media to be used under U.S. fair use on Citizendium. The six categories of materials encompass the most commonly used materials under fair use and are widely considered fair use without controversy. Allowing these now will free contributors in a needed way related to current articles. This is not a comprehensive fair use policy, which can be accomplished later, by adding categories to this proposal, for example.

Category One: Coats of Arms, flag emblems, seals, etc., of administrative entities, political authorities and institutions

With the following three caveats:

1. The image should be obtained from the official source, or be otherwise identical to the official item
2. The image should be of good quality yet only in size and resolution sufficient for adequate displaying of information
3. It must appear in an article that is in some way about that which the image depicts

Category Two: Currency, stamps, vehicle license tags, and closely similar

With the following two caveats:

1. The image should be obtained from its official issuing source, or be otherwise identical to the official item
2. It must appear in an article that is in some way about that which the image depicts

Category Three: Company logos, trademarks, copyrighted packaging, and closely similar

With the following three caveats:

1. The logo, trademark, or copyrighted packaging should be obtained from its official source, whenever available, or be otherwise identical to the official item
2. The image should be good quality yet only in size and resolution sufficient for adequate displaying of information
3. It must appear in an article that is in some way about that which the image depicts

Category Four: Software and website screen captures

With the following three caveats:

1. Partial screen captures should be favored whenever possible
2. The screencapture should be as small as possible to adequately convey the information
3. It must appear in an article that is in some way about that which the image depicts.

Category Five: Book, periodical, and disc covers, and promotional posters, comic strips, editorial cartoons, and closely similar

With the following three caveats:

1. The image should be no larger than necessary to display adequate information
2. The image should be obtained from its official source, whenever available, or be otherwise identical to the official item
3. It must appear in an article that is in some way about that which the image depicts

Category Six: Audio and video clips, including video screen captures

With the following five caveats:

1. Audio clips should be as small as possible in both length and resolution to convey information. As rules of thumb, use "the 10% and not the heart rule", and don't use song clips over 100 kbbs. For example, in an article about a musical band, you can include approximately 10 second low resolution clips of songs, but if there is a certain section that is the main draw toward people purchasing a certain CD, its "heart", you should be extremely careful about including that clip
2. Video screen captures should be used instead of clips, whenever possible, and neither should be larger than needed to convey the information
3. The clip or image should be obtained from official sources, or otherwise be identical to the official item
4. No encryption mechanism may have been subverted to make audio and video clips (which is illegal in the U.S.)
5. The clip or screencapture must appear in an article that is in some way about what is depicted in the clip or screencapture

General caveats

• Contributors are responsible to become familiar with U.S. fair use doctrine before uploading materials to use under fair use, for example, by reading http://www.copyright.gov/fls/fl102.html, and upload and use only materials they will be personally responsible for using
• The laws of some countries regarding the equivalent of fair use are not consistent with U.S. laws. Contributors should first follow the laws in their own countries. Other contributors where this may not be an issue are probably willing to upload fair use materials for others, in that case
• If an article is requested to be under dispute resolution, fair use materials should be commented out with <!-- [[Image:Fair use item.jpg]] --> tags until the issue(s) are resolved

Reasoning

We have current articles that are going to continue to be handicapped without this. Led Zeppelin is the most recent.

Implementation

Implementation will be done via a new fair use section of the CZ:Upload-Wizard, and simple, accompanying templates, one for each of the above six categories.

Discussion

A discussion section, to which anyone may contribute.

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